Mississippi Code
Miss. Code Ann. § 9-1-11 (2026)
Judge not to sit when interested or related
✓ current as of July 2026
The judge of a court shall not preside on the trial of any cause where the parties, or either of them, shall be connected with him by affinity or consanguinity, or where he may be interested in the same, or wherein he may have been of counsel, except by the consent of the judge and of the parties.
Codes, Hutchinson's 1848, ch. 53, art. 2 (186), ch. 54, art. 2 (7); 1857, ch. 61, art. 12, ch. 62, art. 7; 1871; § 986; 1880, § 2270; 1892, § 919; 1906, § 995; Hemingway's 1917, § 715; 1930, § 736; 1942, § 1651.
Notes of Decisions
Cited in 42
cases (3 in the last 5 years), 1985–2024 · leading case: Hathcock v. S. Farm Bureau Cas. Ins. Co., 912 So. 2d 844 (Miss. 2005).
Hathcock v. S. Farm Bureau Cas. Ins. Co., 912 So. 2d 844 (Miss. 2005). “Miss.Code Ann. § 9-1-11 (Rev.2002) (emphases added).”
Payton v. State, 897 So. 2d 921 (Miss. 2003). “Code of Judicial Conduct Canon 3 C(1)(a) provides: (1) a judge should disqualify himself in a proceeding in which his impartiality might reasonably be questioned including but not limited to instances where: (a) he has a personal bias or prejudice concerning a party, or personal…”
Hunter v. State, 684 So. 2d 625 (Miss. 1996). “Miss. Code Ann. § 9-1-11 (1972). These constitutional and statutory provisions do not apply in the case sub judice.”
Summers v. St. Andrew's Episcopal Sch., Inc., 759 So. 2d 1203 (Miss. 2000). “Miss.Code Ann. § 9-1-11(1991), provides: "The judge of a court shall not preside on the trial of any cause where the parties, or either of them, shall be connected with him by affinity or consanguinity, or where he may be interested in the same, or wherein he may have been of…”
Dowbak v. State, 666 So. 2d 1377 (Miss. 1996). “Miss. Code Ann. § 9-1-11 (1972) is essentially identical to Art.”
Jenkins v. State, 570 So. 2d 1191 (Miss. 1990). “Miss. Code Ann. § 9-1-11 (1972). Canon 3 C of the Code of Judicial Conduct also pertains to the disqualification of a judge.”
Ruffin v. State, 481 So. 2d 312 (Miss. 1985). “Miss. Code Ann. § 9-1-11 (1972). Judge not to sit when interested or related.”
Collins v. Joshi, 611 So. 2d 898 (Miss. 1992). “" Miss. Code Ann. § 9-1-11 (1972) provides: *901 The judge of a court shall not preside on the trial of any cause where the parties, or either of them, shall be connected with him by affinity or consanguinity, or where he may be interested in the same, or wherein he may have…”
Jenkins v. Forrest Cnty. Gen. Hosp., 542 So. 2d 1180 (Miss. 1989). “See also, Miss. Code Ann. § 9-1-11 (1972). Where a judge is not so disqualified, the "propriety of his sitting or recusing himself is a question to be decided by him, and if subject to review at all, would be so only in case of a manifest abuse of discretion.”
Nelson v. State, 626 So. 2d 121 (Miss. 1993). “1990), we held that participation as prosecutor during proceedings in which the accused was indicted compels recusal of the trial judge under the Code of Judicial Conduct and Miss. Code Ann. § 9-1-11 (1972). Jenkins, 570 So.”
Brandon v. State, 108 So. 3d 999 (Miss. Ct. App. 2013). “3 (citing Miss.Code Ann. § 9-1-11 (Rev.2002)). . Further, we note these "supplemental claims” related primarily to Brandon’s manslaughter-conviction challenge, which we find untimely.”
Overstreet v. State, 17 So. 3d 621 (Miss. Ct. App. 2009). “The State contends that Overstreet waived this issue since he raises this matter for the first time on appeal. ¶ 5. No judge shall preside over a trial where, among other reasons, he “may have been of counsel” except by the consent of the judge and parties.”
— Miss. Code Ann. § 9-1-11(1991) — 1 case
Summers v. St. Andrew's Episcopal Sch., Inc., 759 So. 2d 1203 (Miss. 2000). “Miss.Code Ann. § 9-1-11(1991), provides: "The judge of a court shall not preside on the trial of any cause where the parties, or either of them, shall be connected with him by affinity or consanguinity, or where he may be interested in the same, or wherein he may have been of…”
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